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NEW YORK - The American Civil Liberties Union Friday sharply criticized a Justice Department investigation into the disclosure of an illegal National Security Agency domestic eavesdropping operation approved by President George W. Bush.
In a letter to Attorney General Alberto Gonzales as well as two full-page advertisements in the New York Times, the ACLU has called for the appointment of a special counsel to determine whether President Bush violated federal wiretapping laws by authorizing illegal surveillance of domestic targets.
"President Bush broke the law and lied to the American people when he unilaterally authorized secret wiretaps of U.S. citizens" ACLU executive director Anthony D. Romero said. "But rather than focus on this constitutional crisis, Attorney General Gonzales is cracking down on critics of his friend and boss. Our nation is strengthened, not weakened, by those whistleblowers who are courageous enough to speak out on violations of the law."
"To avoid further charges of cronyism, Attorney General Gonzales should call off the investigation. Better yet, Mr. Gonzales ought to fulfill his own oath of office and appoint a special counsel to determine whether federal laws were violated", Romero said.
In a full-page advertisement in Thursday's New York Times, the ACLU intensified its call for a special counsel to be appointed to determine whether Bush violated federal wiretapping laws by authorizing illegal surveillance.
The ACLU said President Bush's actions were a clear violation of the Foreign Intelligence Surveillance Act (FISA), which was passed by Congress in response to revelations that former President Nixon was using "national security" claims to spy on American citizens he considered his "enemies."
"President Nixon was not above the law and neither is President Bush," said . Romero. "President Bush cannot use a claim of seeking to preserve our nation to undermine the rules that serve as our foundation. The Attorney General, who may have been involved with the formulation of this policy, must appoint a special counsel to let justice be served."
The advertisement, as well as a similar ACLU ad that ran last Thursday, was spurred by revelations earlier this month that Bush authorized the National Security Agency (NSA) to conduct electronic surveillance of people within the United States, including U.S. citizens, without a warrant.
The text of Thursday's advertisement compares the words of President Nixon and President Bush, both of whom denied allegations of illegal spying. Next to the image of Nixon, the advertisement says: "He lied to the American people and broke the law." Below that is an image of President Bush, with the words, "So did he."
The FISA wiretapping law made it a crime to intentionally engage in electronic surveillance without court approval. The president clearly violated the law when he authorized, and then repeatedly reauthorized, the NSA to spy on Americans without first obtaining a warrant, the ACLU said.
In a formal request sent last week to Attorney General Alberto Gonzales, the ACLU called for the appointment of "an outside special counsel with the independence to investigate and prosecute any and all criminal acts committed by any member of the Executive Branch in the warrantless electronic surveillance of people in the United States over the past four years by the NSA," noting that "such crimes are serious felonies and they need to be fully and independently investigated."
The ACLU's Dec. 29 advertisement is online at: www.aclu.org/safefree/spying/23271res20051229.html 12-30-05
© 2005 North
Country Gazette
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